093_HB0556sam001











                                     LRB093 05593 DRH 15657 a

 1                     AMENDMENT TO HOUSE BILL 556

 2        AMENDMENT NO.     .  Amend House Bill  556  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to minors."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Children  and  Family  Services  Act  is
 8    amended by adding Section 4b as follows:

 9        (20 ILCS 505/4b new)
10        Sec.   4b.  Youth   transitional  housing  programs.  The
11    Department may license youth transitional housing programs to
12    provide services, shelter, or housing to homeless minors  who
13    are  at  least  16 years of age but less than 18 years of age
14    and  who  are  granted   partial   emancipation   under   the
15    Emancipation of Minors Act.  The Department shall adopt rules
16    governing the licensure of those programs.

17        Section  10.  The  Emancipation  of  Mature Minors Act is
18    amended by changing Sections 1, 2, 4, 5, 7, 8, 9, and 10  and
19    by adding Sections 3-2.5 and 3-2.10 as follows:
 
                            -2-      LRB093 05593 DRH 15657 a
 1        (750 ILCS 30/1) (from Ch. 40, par. 2201)
 2        Sec. 1.  Short title.  This Act shall be known and may be
 3    cited as the Emancipation of Mature Minors Act.
 4    (Source: P.A. 81-833.)

 5        (750 ILCS 30/2) (from Ch. 40, par. 2202)
 6        Sec.  2.  Purpose and policy.  The purpose of this Act is
 7    to  provide  a  means  by  which  a  mature  minor  who   has
 8    demonstrated  the  ability  and  capacity  to  manage his own
 9    affairs and to live wholly or partially  independent  of  his
10    parents  or  guardian,  may  obtain  the  legal  status of an
11    emancipated person with  power  to  enter  into  valid  legal
12    contracts.  This  Act is also intended (i) to provide a means
13    by which a homeless minor who is seeking assistance may  have
14    the  authority  to consent, independent of his or her parents
15    or  guardian,  to  receive  shelter,  housing,  and  services
16    provided by a  licensed  agency  that  has  the  ability  and
17    willingness  to  serve  the  homeless minor and (ii) to do so
18    without requiring the delay or difficulty of first holding  a
19    hearing.
20        This  Act is not intended to interfere with the integrity
21    of the family or the rights of parents  and  their  children.
22    No  order  of complete or partial emancipation may be entered
23    under this Act if there is any objection by  the  minor,  his
24    parents  or  guardian.   No  petition  may  be  filed for the
25    partial emancipation of a homeless minor  unless  appropriate
26    attempts  have  been  made to reunify the homeless minor with
27    his or her family through the  services  of  a  Comprehensive
28    Community  Based  Youth  Services  Agency.  This Act does not
29    limit or exclude any other means either in  statute  or  case
30    law by which a minor may become emancipated.
31    (Source: P.A. 81-833.)

32        (750 ILCS 30/3-2.5 new)
 
                            -3-      LRB093 05593 DRH 15657 a
 1        Sec.  3-2.5.  Homeless  minor.   "Homeless minor" means a
 2    person at least 16 years of age but less than 18 years of age
 3    who lacks a regular, fixed, and adequate place  to  live  and
 4    who  desires  to  participate in a youth transitional housing
 5    program.  The term includes, but is not limited to,  a  minor
 6    who  is  sharing  the  dwelling  of  another  or  living in a
 7    temporary shelter or who is unable or unwilling to return  to
 8    the  residence of a parent. The term does not include a minor
 9    in the custody or under the guardianship of the Department of
10    Children and Family Services.  No  child  may  be  terminated
11    from  the  custody  or  guardianship  of  the  Department  of
12    Children  and  Family  Services  for the purpose of obtaining
13    emancipation as a homeless minor.

14        (750 ILCS 30/3-2.10 new)
15        Sec. 3-2.10.  Youth transitional housing program.  "Youth
16    transitional housing program" means a program licensed by the
17    Department  of  Children  and  Family  Services  to   provide
18    services, shelter, or housing to a minor.

19        (750 ILCS 30/4) (from Ch. 40, par. 2204)
20        Sec.  4.   Jurisdiction.  The circuit court in the county
21    where the minor resides, is found, owns property, or in which
22    a court action  affecting  the  interests  of  the  minor  is
23    pending,  may, upon the filing of a petition on behalf of the
24    minor by his next friend, parent or guardian and after any  a
25    hearing  or on notice to all persons as set forth in Sections
26    7, and 8, and 9 of this Act, enter a finding that  the  minor
27    is  a mature minor or a homeless minor as defined in this Act
28    and order complete or partial emancipation of the minor.  The
29    court in its order for partial emancipation may  specifically
30    limit  the  rights  and responsibilities of the minor seeking
31    emancipation.  In the case of a  homeless  minor,  the  court
32    shall  restrict  the  order  of  emancipation to allowing the
 
                            -4-      LRB093 05593 DRH 15657 a
 1    minor to consent to the receipt of transitional services  and
 2    shelter  or  housing  from  a  specified  youth  transitional
 3    program and its referral agencies only.
 4    (Source: P.A. 81-833.)

 5        (750 ILCS 30/5) (from Ch. 40, par. 2205)
 6        Sec.  5.  Rights  and  responsibilities of an emancipated
 7    minor.  (a) A mature minor ordered emancipated under this Act
 8    shall have the right to enter into valid legal contracts, and
 9    shall have such other  rights  and  responsibilities  as  the
10    court  may  order that are not inconsistent with the specific
11    age requirements of the State or federal constitution or  any
12    State or federal law.
13        (b)  A  mature  minor  or homeless minor who is partially
14    emancipated under this Act shall have only those  rights  and
15    responsibilities specified in the order of the court.
16    (Source: P.A. 81-833.)

17        (750 ILCS 30/7) (from Ch. 40, par. 2207)
18        Sec.  7.   Petition.  The petition for emancipation shall
19    be verified and shall set forth:  (1) the age of  the  minor;
20    (2)  that  the minor is a resident of Illinois at the time of
21    the filing of the petition, or owns real estate in  Illinois,
22    or  has  an  interest  or  is  a party in any case pending in
23    Illinois; (3) the cause for which the minor seeks  to  obtain
24    partial  or  complete  emancipation;  (4)  the  names  of the
25    minor's parents, and the address, if living;  (5)  the  names
26    and  addresses  of  any guardians or custodians appointed for
27    the minor; (6) that the minor is (i) a mature minor  who  has
28    demonstrated  the  ability  and  capacity  to  manage his own
29    affairs or (ii) a homeless  minor  who  is  located  in  this
30    State;  and  (7) that the minor has lived wholly or partially
31    independent of his parents or guardian.  If the  minor  seeks
32    emancipation as a homeless minor, the petition shall also set
 
                            -5-      LRB093 05593 DRH 15657 a
 1    forth the name of the youth transitional housing program that
 2    is  willing  and  able  to  provide  services  and shelter or
 3    housing to the minor, the address of  the  program,  and  the
 4    name  and  phone number of the contact person at the program.
 5    The petition shall also briefly assert the  reason  that  the
 6    services and shelter or housing to be offered are appropriate
 7    and necessary for the well-being of the homeless minor.
 8    (Source: P.A. 81-833.)

 9        (750 ILCS 30/8) (from Ch. 40, par. 2208)
10        Sec. 8.  Notice.  All persons named in the petition shall
11    be  given  written  notice within 21 days after the filing of
12    the petition for emancipation.  Those persons  prior  to  the
13    hearing  and shall have a right to be present if a hearing is
14    sought or scheduled and to be represented by counsel.
15        All notices shall be  served  on  persons  named  in  the
16    petition  by  personal  service or by "certified mail, return
17    receipt requested, addressee  only".    If  personal  service
18    cannot be made in accordance with the provisions of this Act,
19    substitute service or service by publication shall be made in
20    accordance with the Civil Practice Law.
21    (Source: P.A. 83-1539.)

22        (750 ILCS 30/9) (from Ch. 40, par. 2209)
23        Sec. 9. Hearing on petition.
24        (a)  Mature minor.  Before proceeding to a hearing on the
25    petition  for  emancipation of a mature minor the court shall
26    advise all persons present of the nature of the  proceedings,
27    and   their  rights  and  responsibilities  if  an  order  of
28    emancipation should be entered.
29        If, after the hearing,  the  court  determines  that  the
30    minor  is  a  mature  minor  who is of sound mind and has the
31    capacity and maturity to manage his own affairs including his
32    finances, and that the best interests of the  minor  and  his
 
                            -6-      LRB093 05593 DRH 15657 a
 1    family will be promoted by declaring the minor an emancipated
 2    minor,  the  court shall enter a finding that the minor is an
 3    emancipated minor within the meaning of this Act, or that the
 4    mature minor is partially emancipated with  such  limitations
 5    as  the  court  by  order  deems  appropriate.   No  order of
 6    complete or partial emancipation may be  entered  under  this
 7    Act  if  there  is any objection by the minor, his parents or
 8    guardian.
 9        (b)  Homeless minor.  Upon the  verified  petition  of  a
10    homeless  minor,  the  court  shall immediately grant partial
11    emancipation for the sole purpose of  allowing  the  homeless
12    minor  to  consent  to the receipt of services and shelter or
13    housing provided by the youth  transitional  housing  program
14    named  in  the  petition and to other services that the youth
15    transitional housing program may arrange  by  referral.   The
16    court  may  require that a youth transitional housing program
17    employee appear before the court at the time of the filing of
18    the petition and may inquire into the facts asserted  in  the
19    petition.  No other hearing shall be scheduled in the case of
20    a  petition affecting a homeless minor, unless, after notice,
21    a parent or guardian requests such  a  hearing.   If  such  a
22    hearing is requested, then the homeless minor must be present
23    at  the  hearing.  After the granting of partial emancipation
24    to a  homeless  youth,  if  the  youth  transitional  housing
25    program  determines  that  its  facility  and services are no
26    longer appropriate for the minor or that another  program  is
27    more  appropriate for the minor, the program shall notify the
28    court and the court, after a hearing, may modify its order.
29    (Source: P.A. 81-833.)

30        (750 ILCS 30/10) (from Ch. 40, par. 2210)
31        Sec.  10.   Joinder,  Juvenile  Court  Proceedings.   The
32    petition for declaration of emancipation may, with  leave  of
33    the  court,  be  joined with any pending litigation affecting
 
                            -7-      LRB093 05593 DRH 15657 a
 1    the interests of the minor including a petition  filed  under
 2    the Juvenile Court Act or the Juvenile Court Act of 1987.
 3        If  any minor seeking emancipation as a mature minor is a
 4    ward of the  court  under  the  Juvenile  Court  Act  or  the
 5    Juvenile  Court  Act of 1987 at the time of the filing of the
 6    petition for emancipation, the  petition  shall  be  set  for
 7    hearing in the juvenile court.
 8    (Source: P.A. 85-1209.)

 9        Section  99.  Effective date.  This Act takes effect upon
10    becoming law.".